GAUTENG EDUCATION RESPECTS OUTCOME OF THE SGB OF PRETORIA HIGH SCHOOL FOR GIRLS
4 August 2024
The Gauteng Department of Education (GDE) wishes to inform the public that it respects the decision of the School Governing Body (SGB) of Pretoria High School for Girls.
This follows disciplinary hearings conducted by the SGB for twelve Grade 12 learners from the school who were suspended for suspected racism and were subsequently found not guilty of all charges.
According to the report outlining the charges and ruling, the SGB found the implicated learners not guilty of the charges of violence and bullying, disruptive behaviour and violation of school rules due to insufficient evidence. The charges against the learners included:
1. Violence and Bullying: Accusations of physical violence and bullying against other students.
2. Disruptive Behaviour: Engaging in actions that disrupted the educational environment.
3. Violation of School Rules: Breaching specific school regulations related to conduct and discipline.
The report mentions a WhatsApp group, whose discussions and exchanges within were examined during the disciplinary hearing. These discussions were part of the evidence presented against the implicated learners. However, according to the SGB, the content from the WhatsApp group was found to be inconclusive and did not substantiate the charges of violence, bullying, or disruptive behaviour. The SGB’s ruling further stated inconsistencies in the testimonies and lack of solid evidence from the WhatsApp group contributed to the decision of the SGB to find the learners not guilty.
The GDE respects this outcome as the SGB’s authority is enshrined in the South African Schools Act, 1996. Therefore, the GDE cannot interfere with the outcome since SGBs are empowered by law to initiate and facilitate disciplinary hearings against learners. As such, any transgression of a school’s code of conduct by a learner is the responsibility of the SGB, to enforce appropriate action accordingly.
According to Section 9 of the South African Schools Act, 1996 outlines the authority and responsibility of the SGB to conduct disciplinary proceedings against a learner within 7 school days after their suspension, which PHSG’s SGB did accordingly.
Section 9 further states that the SGB can impose other sanctions contemplated in the school’s code of conduct or make a recommendation to the GDE’s Head of Department (HoD) for expulsion only if a learner is found guilty of serious misconduct during said disciplinary proceedings.
Furthermore, Section 9(4) deems the MEC as an appeal authority who cannot interfere with disciplinary proceedings involving learners unless a recommendation for expulsion was made to the HoD and approved, wherein an appeal against such a decision would be made to the MEC within 14 days of receiving an expulsion notice.
Consequently, the Gauteng MEC for Education, Sport, Arts, Culture & Recreation, Mr Matome Chiloane, will be launching an independent investigation into Pretoria High School for Girls (PHSG) to determine whether a culture of racism exists at the school.
This recourse, which the MEC has decided to pursue, will not investigate the 12 learners, but rather allegations that racism exists at the school. This decision is further motivated by the fact that the report of the SGB’s ruling makes no mention of racism or discrimination against learners, whereas there has been a strong presumption of the existence of such at the school.
Section 9(1) of Gauteng Education Act 6 of 1995 as amended states the following: “If it is in the interests of education in the Province, the Member of the Executive Council (MEC) may appoint any appropriate person to conduct an inquiry within written terms of reference.” As such, MEC Chiloane is empowered to conduct such an investigation.
The terms of reference in relation to this inquiry, which will outline what the investigation seeks to uncover, will be communicated upon appointment of a relevant independent investigative body in due course.
“The GDE remains dedicated to ensuring a safe and inclusive environment for all learners. In light of these developments, we call for all concerned stakeholders to allow the school to continue with learning and teaching in this critical time where examinations are being conducted,” said MEC Chiloane.
Statement issued by Steve Mabona, Gauteng Department of Education, 4 August 2024
